CHIARI GmbH - Agency for Brand Communication
Am Thyssenhaus 1 – 3
+49 211 4155838-10
Managing Director: Thomas M. Chiari
Düsseldorf Local Court, HRB 67250
VAT ID No.: DE252359946
Limitation of liability
By using this website, you agree to use this website at your own risk. CHIARI GmbH – Agency for Brand Communication, its employees, agents or representatives (hereinafter referred to as “CHIARI GmbH – Agency for Brand Communication”) shall not be liable for any direct, indirect, punitive or other damages or costs, including lost profits or loss of data, reputation or property, or for any claims by third parties arising out of or in connection with the use, copying or reproduction of this website or its contents, whether or not CHIARI GmbH – Agency for Brand Communication has been advised of such possibility.
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Copyright & Trademarks
CHIARI GmbH – Agency for Brand Communication does not guarantee that the information provided on this website is up-to-date, correct or complete. The same applies to the content of external websites to which this website refers directly or indirectly via hyperlinks and over which CHIARI GmbH – Agency for Brand Communication has no influence.
Disruption or modification of the website
General terms and conditions
1.1 The following terms and conditions shall apply exclusively to all contracts for services between CHIARI GmbH – Agency for Brand Communication – hereinafter referred to as the Agency – and the Client. This shall also apply in particular if the Customer has provided Allg. Terms and Conditions (T&Cs) are used and these contain terms and conditions that conflict with or deviate from the terms and conditions set forth herein.
1.2 The terms and conditions set forth herein shall also apply if the Agency executes the order without reservation in the knowledge of terms and conditions of the Client that conflict with or deviate from the terms and conditions set forth herein.
1.3 Deviations from the terms and conditions set forth herein shall only be valid if the Agency expressly agrees to them in writing. All agreements made between the Agency and the Client for the purpose of executing the Contract shall be set forth in writing in this Contract. If no written contract is formulated, the corresponding order confirmation of the agency shall be deemed authoritative.
2. copyright and rights of use
2.1 Each order placed with the Agency shall be a copyright contract aimed at granting rights of use to the work performances.
2.2 All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act shall apply between the parties even if the necessary requirements for protection are not met in individual cases. Thus, the agency is entitled in particular to the copyright claims from §§ 97 ff. UrhG (German Copyright Act).
2.3 The drafts and final artwork may not be changed, either in the original or in reproduction, without the express written consent of the Agency. Any imitation – even of parts – is inadmissible. A violation of these provisions entitles the Agency to demand a contractual penalty in the amount of twice the agreed remuneration. If no such remuneration has been agreed, the remuneration customary under the collective agreement for design services SDSt/AGD (latest version) shall apply.
2.4 The Agency shall transfer to the Client the rights of use required for the respective purpose. Unless otherwise agreed, only a non-exclusive right of use shall be transferred in each case. Any transfer of the rights of use by the client to third parties requires prior written agreement between the client and the designer.
2.5 The rights of use shall not pass to the Client until the Client has paid the remuneration in full.
2.6 The Agency has the right to be named as the author on the reproduction pieces and in publications about the Product. A violation of the right to name entitles the agency to compensation. Without proof, the agency can demand 100% of the agreed, or according to the collective agreement for design services SDSt/AGD (latest version), usual remuneration in addition to this as compensation.
2.7 Proposals and instructions of the Client or its employees and agents shall have no influence on the amount of the remuneration. They do not establish a joint copyright.
3.1 The remuneration for the drafts, final artwork and granting of rights of use shall be based on the collective agreement for design services SDSt/AGD (latest version), unless other agreements have been made. Even the preparation of drafts is subject to a charge, unless expressly agreed otherwise. The remunerations are net amounts, which are subject to an additional charge. the ges. VAT are to be paid.
3.2 If designs are used to a greater extent than originally intended, the Agency shall be entitled to subsequently demand the difference between the higher remuneration for the actual use and the remuneration originally received.
4. special benefits, fringe benefits and travel expenses
4.1 Special services, such as the reworking or modification of final artwork, manuscript study, print monitoring, etc., shall be invoiced on a time basis at the applicable hourly rate.
4.2 The Agency shall be entitled to order the external services necessary for the fulfillment of the order on behalf and for the account of the Client. The Client undertakes to grant the Agency appropriate power of attorney.
4.3 Insofar as contracts for third-party services are concluded in individual cases in the name of and for the account of the Agency, the Client undertakes to indemnify the Agency internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
4.4 Expenses for technical ancillary costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc., shall be reimbursed by the Client.
5. due date of payment, acceptances
5.1 Unless otherwise stated in the order confirmation, the remuneration shall be payable net within 14 days after invoicing. We grant a 3% discount for prepayment or direct debit.
5.2 Acceptance may not be refused on creative-artistic grounds.
5.3 If the ordered work is accepted in parts (e.g. when storing the remaining print documents), the entire payment shall be due upon delivery of the first partial quantity. If an order extends over a longer period of time, or if it requires the Agency to make large financial advance payments, reasonable advance payments shall be made, namely 1/3 of the total remuneration when the order is placed, 1/3 after completion of 50% of the work, 1/3 after delivery.
5.4 In the event of late payment, the Agency shall charge interest on arrears of min. 6% above the respective prime rate of the European Central Bank p.a., but not more than 10%. The assertion of a proven damage remains unaffected by this as well as the right of the customer to prove a lower charge in individual cases.
6. retention of title, etc.
6.1 Only rights of use are granted for drafts and final artwork, but ownership rights are not transferred.
6.2 The originals must therefore be returned undamaged to the Agency as soon as the Client no longer compellingly requires them for the exercise of rights of use, unless expressly agreed otherwise. In the event of damage or loss, the Client shall reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.
6.3 The dispatch of work, templates or data shall be at the risk and for the account of the Client.
6.4 Delivered goods and advertising materials shall remain the property of the Agency until complete fulfillment of all claims to which the Agency is entitled against the Contractual Partner now or in the future. Likewise, the Agency reserves all copyrights, rights of use of copyrights and other ancillary copyrights to the goods delivered by it until all claims have been met in full. Upon request, Agentur shall release this security at its discretion insofar as its nominal value exceeds its claims on a sustained basis and by more than 20%.
6.5 Any handover required for the acquisition of ownership by the Agency shall be replaced by the agreement already made that the contractual partner of the Agency shall keep the item for the Agency like a borrower or, insofar as it does not own the item itself, shall replace the handover already now by assigning the claim for surrender against the owner to the Agency.
6.6 The contracting party shall be obliged to treat the reserved goods with care, to store them separately and marked and to insure them adequately at their replacement value against fire, water and theft at its own expense.
6.7 In the event of conduct by the Contractual Partner in breach of the contract, in particular default in payment, the Agency shall be entitled to take back the Retained Goods at any time at the Contractual Partner’s expense or to demand assignment of the Contractual Partner’s claims for return against third parties. The contractual partner must provide all necessary information in this regard immediately upon request by the agency. The taking back or pledging of the reserved goods by the agency does not constitute a withdrawal from the contract, unless the agency expressly declares this in writing.
7. digital data
7.1 The Agency is not obligated to release files or layouts created in the computer to the Client. If the client requests the release of computer data, this shall be agreed and remunerated separately.
7.2 If the Agency has made files available to the Client, these may only be used further with prior written consent. A change of the data by third parties or the client is generally excluded and violates in any case the copyrights of the agency.
8. correction, production monitoring and voucher samples
8.1 Proofs shall be submitted to the Agency prior to execution of the duplication.
8.2 Production supervision by the Agency shall only take place on the basis of special agreements. When taking over the production supervision, the Agency is entitled to make the necessary decisions and give appropriate instructions at its own discretion. It shall be liable for errors only in the event of its own fault and only for intent and gross negligence.
8.3 The Client shall provide the Agency with 10 to 20 perfect, unfolded copies of all reproduced work free of charge. The Agency is entitled to use these samples for the purpose of self-advertising and also to use the name and lettering of the Client.
9.1 The Agency undertakes to execute each order with the greatest possible care, in particular also to treat any templates, documents, samples, etc. provided with care.
9.2 Complaints of any kind whatsoever must be made in writing to the Agency within 10 calendar days after delivery of the work. Thereafter, the work shall be deemed accepted as free of defects.
10.1 Unless otherwise stipulated in the contract, the Agency shall be liable – irrespective of the legal grounds – only for intent and gross negligence. This limitation of liability also applies to all vicarious agents and assistants. The Agency shall only be liable for slight negligence in the event of a breach of material contractual obligations. In this case, however, liability for indirect damages, consequential damages and lost profits is excluded. Liability for positive breach of contract, culpa in contrahendo and tort shall also be limited to compensation for typical, foreseeable damage.
10.2 For orders placed with third parties on behalf of and for the account of the Client, the Agency shall not assume any liability or warranty vis-à-vis the Client, unless the Agency is at fault for the selection. In these cases, the agency acts only as an intermediary.
10.3 If the Agency itself is the client of subcontractors, it hereby assigns to the Client all warranty claims, claims for damages and other claims to which it is entitled arising from defective, delayed or non-delivery. The Client undertook to first attempt to enforce the assigned claims before making a claim against the Agency.
10.4 The Client shall indemnify the Agency against all claims made by third parties against the Agency due to conduct for which the Client bears responsibility or liability under the contract. He shall bear the costs of any legal action.
10.5 With the release of drafts and final designs by the client, the client assumes responsibility for the technical and functional correctness of text, image and designa.
10.6 The Agency shall not be liable for any drafts, developments, elaborations, final versions and drawings approved by the Client.
10.7 The Agency shall not be liable for the admissibility and registrability of the Work under competition and trademark law or for the novelty of the product.
11. design freedom and templates
11.1 There shall be freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, he must bear the additional costs. The Agency retains the right to remuneration for work already commenced.
11.2 If the execution of the order is delayed for reasons for which the Client is responsible, the Agency may demand a reasonable increase in the remuneration. In the event of intent or gross negligence, he may also claim damages. The assertion of further damage caused by delay remains unaffected.
11.3 The Client warrants that it is entitled to use all templates provided to the Agency. Should he not be entitled to use the material contrary to this assurance, the Client shall indemnify the Agency against all claims for compensation by third parties.
12. final provision
12.1 Unless otherwise stated in the order confirmation, the place of performance shall always be the registered office of the Agency.
12.2 The invalidity of one of the above conditions shall not affect the validity of the remaining provisions.
12.3 Otherwise, the law of the Federal Republic of Germany shall apply.
12.4 The place of jurisdiction shall be Essen, provided that the Client is a registered merchant. The Agency shall also be entitled to bring an action at the registered office of the Client.